Tommy Davis and Adele Jones have been charged with felony robbery and dealing in stolen property charges after allegedly robbing Rohan Dawkins, a mentally challenged Florida man who had purchased a $150 GameStop collector’s edition copy of “Grand Theft Auto V”, of the video game as he left a GameStop store in a Delray Beach parking lot. After asking Dawkins for the time, Davis grabbed the bag containing the newly-released game. Dawkins sought to retrieve the item but was kicked by Jones, who allegedly kicked and punched Dawkins. Davis and Jones were caught partly by store surveillance footage and a subsequent identification by Dawkins of both suspects when shown photo lineups.

Under Florida Statute 812.13, robbery is a felony. However, the degree of felony in which the person is charged will be determined by whether a weapon was involved in the robbery and what type of weapon if one was involved. If the accused committed the crime with a firearm, the punishment goes considerably up, making the charge a first degree felony punishable by up to life imprisonment. However, if no gun is involved, the crime is a second degree felony, punishable by up to fifteen years in prison.

There are many problems that present themselves for the State in gathering evidence to convict one of a crime, particularly when there are very few witnesses, if any, to identify the assailant. Many times, the victim is in shock, causing some to lose memory of the event or certain crucial identifying features of the attacker. This causes correct identification of the perpetrator to be extremely difficult.

Typically, when the police have too many suspects to go on and the victim is not entirely clear as to the suspect’s description, the police will have the victim identify the suspect via a line-up, a procedure by which police take loose descriptions of the assailant, find people that could have been within the vicinity of the crime that match the description of the suspect, and allow the victim to point to which person they think committed the crime.

Line-ups have been used for some time by police; however, this common usage is not a good practice because there is a great possibility that incorrect identifications can occur, leaving good people falsely accused of crimes they did not commit. These false accusations lead to charges that can completely wreck someone’s life, even if their name is cleared. In this case, Dawkins’ mental challenges may present a challenge in proper identification, causing Dawkins’ identification of Davis and Jones to be subject to a possible exclusion.
Furthermore, in this case, the police report is unclear whether a weapon was used or not. In situations similar to this where evidence pointing to an aggravated factor has not yet arisen, such as an unknown fact of whether or not a gun is involved presents a great opportunity for one’s defense. If one can show or attempt to show that no gun was involved, which the State may not be able to prove to the contrary, one might possibly beat the charge, or at least lessen the punishment of the charge.
Unfortunately for those that choose the path of theft, one can spend countless hours in legal battles, facing a very large prison sentence, and face outrageous criminal fines and restitution requirements. The amount of time spent trying to successfully complete the crime will seem wasted and in vain, as one will face a number of different legal hurdles that one may not be able to combat on one’s own. In a situation such as this, one might feel the walls closing in around one, like there is no way out. But an experienced attorney will be able to see one’s case from all angles, providing one options one may not have known one had.

In this case, an arrest for stealing a $150 videogame came with felony charges; however, the level of involvement of each accused party as well as the relative force used must be considered when rendering punishment. Many times, the State operated legal system overexerts itself on criminal defendants, particularly for theft charges. Fortunately, if one obtains an experienced Jacksonville theft crimes defense attorney to fight the case and ensure one’s rights are protected, one can be sure that one will not be a victim in a fight one cannot win on one’s own.

Line-ups have been used for some time by police; however, this common usage is not a good practice because there is a great possibility that incorrect identifications can occur, leaving good people falsely accused of crimes they did not commit. These false accusations lead to charges that can completely wreck someone’s life, even if their name is cleared. In this case, Dawkins’ mental challenges may present a challenge in proper identification, causing Dawkins’ identification of Davis and Jones to be subject to a possible exclusion.

Furthermore, in this case, the police report is unclear whether a weapon was used or not. In situations similar to this where evidence pointing to an aggravated factor has not yet arisen, such as an unknown fact of whether or not a gun is involved presents a great opportunity for one’s defense. If one can show or attempt to show that no gun was involved, which the State may not be able to prove to the contrary, one might possibly beat the charge, or at least lessen the punishment of the charge.

Unfortunately for those that choose the path of theft, one can spend countless hours in legal battles, facing a very large prison sentence, and face outrageous criminal fines and restitution requirements. The amount of time spent trying to successfully complete the crime will seem wasted and in vain, as one will face a number of different legal hurdles that one may not be able to combat on one’s own. In a situation such as this, one might feel the walls closing in around one, like there is no way out. But an experienced attorney will be able to see one’s case from all angles, providing one options one may not have known one had.

In this case, an arrest for stealing a $150 videogame came with felony charges; however, the level of involvement of each accused party as well as the relative force used must be considered when rendering punishment. Many times, the State operated legal system overexerts itself on criminal defendants, particularly for theft charges. Fortunately, if one obtains an experienced Jacksonville theft crimes defense attorney to fight the case and ensure one’s rights are protected, one can be sure that one will not be a victim in a fight one cannot win on one’s own.

The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one requires a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.